Where the same person, association, or corporation is in possession of a placer claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of sections
21,
22 to
24,
26 to
28,
29,
30,
33 to
48,
50 to
52,
71 to
76 of this title and section
661 of title
43, including such vein or lode, upon the payment of $5 per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of $2.50 per acre, together with all costs of proceedings; and where a vein or lode, such as is described in section
23 of this title, is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof.

Source

(R.S. § 2333.)

References in Text

Sections
21,
22 to
24,
26 to
28,
29,
30,
33 to
48,
50 to
52,
71 to
76 of this title and section
661 of title
43, referred to in text, were in the original “this chapter”, meaning chapter 6 of title
32 of the Revised Statutes, consisting of R.S. §§ 2318 to
2352.